CITY AND COUNTY OF NEW YORK.

[Laws of 1851. Chap. 386.]

AN ACT to amend, consolidate and reduce to one act, the various acts relative to the Common Schools of the city of New York.

Passed July 3, 1851, "three-fifths being present."

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

OF SCHOOL OFFICERS AND THEIR ELECTION.

§ 1. There shall be two commissioners, two inspectors and five trustees of common schools in each of the wards of the city of New-York, who shall be known as the "school officers" of the ward. At each general election there shall be elected in each ward of said city, one commissioner and one inspector, whose terms of office shall be two years, and one trustee, whose term of office shall be five years, to commence in each case on the first day of January next succeeding such election. But the terms of office of the school officers elect, and those now holding office, except those whose terms of office will expire on the first Monday of June next, are hereby extended to the first day of January next after the day on which they would otherwise have expired, respectively, and there shall be no election of school officers in 1852. The elections so held shall be subject to the same laws and regulations, in all respects, as those which govern the general elections in said city. The ballots for said school officers shall be endorsed "common schools," and deposited in a separate box to be provided therefor; and the said school officers, before entering upon the duties of their offices, shall severally take and subscribe the oath prescribed by the constitution of the state.

OF THE BOARD OF EDUCATION-ITS POWERS AND DUTIES.

§ 2. The commissioners of common schools, elected as aforesaid, shall constitute a board of education for the city and county of New-York; they shall meet on the second Wednesday of January in each year, for the purpose of organization; and thereafter for the transaction of business as often as they may determine. They shall elect one of their number president and shall appoint a clerk and assistant or assistants, whose compensation shall be fixed and paid by the board.

The board of education shall have power:

1st. To take and hold property, both real and personal, devised or transferred to it, for the purposes of public education in the city of New York:

2d. To appoint a superintendent of common schools for said city, as hereinafter provided:

3d. On the nomination of the school officers of any ward to fill vacancies in school offices, which may occur in such ward between the general elections:

4th. To establish new schools, as hereinafter provided:

5th. To draw from the moneys which shall be raised for the purposes of public education, such sums as may be required for the purpose of defraying the necessary incidental expenses of the board, and such further sums as may be required for the payment of the salaries of their clerk and assistant. or assistants, and of the city superintendent of common schools:

6th. To visit and examine the schools, subject to the provisions of this act:

7th. To make rules of order and by-laws for the government of the board, its members and committees, and general regulations to secure proper economy and accountability in the expenditure of the school moneys:

8th. And, for the purposes of this act, the said board shall possess the powers and privileges of a corporation.

§ 3. It shall be the duty of the board of education,

1st. On or before the fifteenth day of November in each year, to report to the board of supervisors of the said city and county, an estimate of the amount over and above the sums specified in the fifteenth section of this act, which will be required during the year, for the purpose of meeting the current annual expenses of common school instruction; for erecting, purchasing, leasing and procuring sites for school houses, and the fitting up and furnishing thereof, and the alterations in, the additions to, and repairs of, the school buildings of the ward schools; for the support of schools which shall have been organized since the last annual apportionment of the school moneys made by the board; for the support of evening schools, not exceeding the sum of fifteen thousand dollars in each year; for the support of the free academy, an annual sum not exceeding, twenty thousand dollars; and such further sum or sums as may be necessary for any of the purposes authorized by this act; but the aggregate amount so reported shall not exceed the sum of four dollars for each pupil who shall have actually attended and been taught in the preceding year in the schools entitled to participate in the apportionment:

2d. To apportion all the school moneys which shall have been raised for the purposes of meeting the current annual expenses of public instruction, to each of the schools provided for by this act :

3d. To file with the chamberlain of said city, on or before the first Monday of April in each year, a copy of their apportionment, stating the amount apportioned to the ward schools, and to the trustees, managers and directors of the several schools enumerated in this act:

4th. To continue to furnish through the free academy, the benefit of education, gratuitously, to persons who have been pupils in the common schools of the said city and county for a period of time to be regulated by the board of education, not less than one year:

5th. To supervise, manage and govern said free academy, and, from time to time, make all needful rules and regulations therefor; fix the number and compensation of teachers and others to be employed therein; prescribe the preliminary examination, and the terms and conditions on which pupils shall be received and instructed therein and discharged therefrom; direct the course of studies therein, and provide in all things for the good government and management of the said free academy; and purchase the books, apparatus, stationery and other things necessary and expedient to enable the said free academy to be properly and successfully conducted, and to keep the said building or buildings properly repaired and furnished:

6th. To appoint annually a standing committee of not less than five persons of their number, who shall, subject to the control, supervision and approbation of the said board, constitute an executive committee for the care government and management of the said free academy, under the rules and regulations prescribed as aforesaid, whose duty it shall be, to make detailed reports to the said board of education, and, among other things, to recommend the rules and regulations which they deem necessary and proper for the said academy. The board of education may, at any regular meeting thereof, by a majority of all the members of said board, remove any or all the members of the said committee, and appoint another person or persons in the place of the member or members of the said committee so removed.

7th. To make and transmit annually on or before the first day of February in each year, to the common council of said city, and also to the secretary to the board of regents of the university of the state of New-York a report signed by the president and clerk of the said board of education, and dated on the first day of January, in the year of its transmission; which report shall state the names and ages of all the pupils instructed in such free academy during the preceding year, and the time that each was

so instructed; a particular statement of the studies pursued by each pupil at the commencement of his instruction, and of his subsequent studies until the date of such report, together with the books such student shall have studied in whole or in part, and if in part what portion; an account or estimate of the cost of the library, philosophical and chemical apparatus, and mathematical or other scientific instruments belonging to such academy, the names of the instructors employed in said academy, and the compensa-" tion paid to each; what amount of moneys the board of education received, during the year for the purposes of such academy, and from what sources, specifying how much from each, and the particular manner, and the specific purpose for which such moneys have been expended; and such other information in relation to education in said academy, and the measures of the board in the management thereof, as the said common council or the regents of the university of the state of New-York may from time to time require:

8th. To provide evening schools for those whose ages or avocations are such as to prevent their attending the day schools established by law, in such of the ward school houses or other buildings used for school purposes, and in such other places in said city as they may, from time to time deem expedient :

9th. To furnish all necessary supplies or make regulation, for furnishing such supplies for the several schools under their care, but when such supplies are furnished by the board of education they shall be obtained by contract, proposals for which shall be advertised for the period of at least two weeks:

10th. To make and transmit between the fifteenth day of January and the first day of February in each year, to the clerk of the city and county of New-York, a report in writing, bearing date the first day of January in the year of its transmission, stating the whole number of schools within their jurisdiction, specially designating the schools for colored children; the schools or societies from whichreports shall have been made to the board of education within the timelimited for that purpose, the length of time such schools shall have been kept open; the amount of public money apportioned or appropriated to said schoolorsociety; the number taught in each school, the whole amount of money drawn from the city chamberlain for the purposes of public education during the year ending at the date of their report, distinguishingthe amount received from the general fund of the state from all other and what sources ;the manner in which such moneys shall have been expended, and such otherinformation as the superintendent of common schools may from time to time require, in relation to common school education in the city and county of New-York.

4. If the board of education shall neglect to make such annual report within the time limited, the share of school moneys apportioned to the city and county of New-York may, in the discretion of the superintendent of common schools, be withheld until a suitable report shall have been rendered.

§ 5. The clerk of the board of education shall have charge of the rooms, books, papers and documents of the board, and shall in addition to his duties as secretary of the board, perform such other clerical duties as may be required by its members or committees:

§ 6. All schools which have been organized under the act entitled "An act to extend to the city and county of New-York the provisions of the general act in relation to common schools, passed April 11, 1842," and the acts amending the same, or organized or adopted under this act, shall be called common schools ["ward schools,"] or ward primaries, and each class shall be numbered consecutively, according to the time of their organization or adoption, and all such schools shall be under the supervision and government of the commissioners, inspectors and trustees of the ward in which they are located.

POWERS AND DUTIES OF SCHOOL OFFICERS.

§ 7. It shall be the duty of the school officers, or a majority of them, in any ward:

Ist. To certify to the board of education of the city and county of New York, whenever in their opinion it is necessary, to organize one or more additional schools in said ward, with the facts and circumstances showing such necessity, together with the character of the school buildings required, and the number and class of scholars who will probably attend such schools if organized, and to organize such schools as hereinafter provided:

2nd. To provide, under such rules and regulations as the board of educa tion may establish, the necessary books, stationary, and other essentials necessary to organize and conduct any school in their ward;

3rd. To examine, ascertain and report to the board of education, and as frequently as may be, whether the provisions ofthis act in relation to the teaching of sectarian doctrines, or the use of sectarian books, shall have been violated; and

4th. To notify the board of education of any vacancy in the office of any school officer of their respective wards.

POWERS AND DUTIES OF COMMISSIONERS.

§ 8. It shall be the duty of the commissioners of common schools in the several wards:

1st. To attend all the meetings of the board of education; and if any commissioner shall refuse or neglect to attend any three successive stated meetings of the board, after having been personally notified to attend, and if no satisfactory cause of his non-attendance be shown, the board may declare his office vacant;

2nd. To transmit to the board of education all reports made to them by the trustees and inspectors of their respective wards;

3rd. To visit and examine all the schools entitled to participate in the apportionment

4th. They shall be ex officio members of the board' of trustees in their respective wards.

POWERS AND DUTIES OF INSPECTORS.

§ 9. It shall be the duty of the inspectors of common schools:

1st. To inspect and examine each of the schools in their respective wards, at least twice in each year, and oftener if necessary; and on or before the fifteenth day of October, in each year, to make and transmit to the board of education and to the trustees of the ward, a report in writing, in which they shall set forth the condition of the several school buildings in use in their ward, and whether any, and if any, what repairs, alterations or modifications of those buildings seem to them necessary:

2. Whether they are kept clean and in good order;

3. In what manner they are heated and ventilated, and how effectual the means used are in producing the result desired ;

4. The studies pursued:

5. The progress of the classes in their different studies:

6. The punctuality of attendance of the scholars and teachers;

7. The order, attention and general appearance of the school;

S. The length of each morning and evening session, and the number and length of recesses allowed;

9. The number and qualifications of the teachers, and such other facts as in their opinion are important to insure the discipline or extend the usefulness of the schools;

10. In conjunction with the eity superintendent of common schools, to license teachers for their respective wards; and

11. To examine and audit all accounts when duly certified by the trustees to be correct.

§ 10. It shall be the duty of the trustees of each ward and they shall have power:

1. To have the safe keeping of all the property belonging to the ward schools and the ward primaries in their respective wards;

2. Under such general rules and regulations as the board of education may adopt, to contract with and employ teachers in said schools, and make other contracts for conducting and managing their schools;

3. To procure, as may be necessary, blank books, in one of which a state ment of the amounts of all moneys received and paid by the trustees, and of all moveable property belonging to each school shall de ertered at large and signed by such trustees; and in other books, the teacher shall enter the names and residence of the scholars attending school, and the number of days they shall have respectively attended; and also the days on which each school shall have been visited by the city superintendent and the school officers of the ward, or any of them, which entries shall be verified by the oath or affirmation of the principal teacher in such school. The said books shall be preserved by the trustees as the property of the schools, and shall be delivered to their successors;

4. To make, on or before the fifteenth day of January, in every year, and transmit to the board of education, a report in writing, dated on the first day of January, which shall be signed and certified by a majority of the trustees, which report shall state: the whole number of schools within their jurisdiction, especially designating the schools for colored children; the length of time each school shall have been kept open; the whole number of scholars over four and under twenty-one years of age, who shall have been taught, free of expense to such scholars, in their schools during the year preceding the first day of January, which number shall be ascertained by adding to the number of children on register at the commencement of each year, the number admitted during that year, which shall be considered the total for that year; the average number that has actually attended such schools during the year to be ascertained by the teachers' keeping an exact account of the number of scholars present every school time or half day, which being added together and divided by four hundred and sixty, or if less than a year, by the number of school sessions, shall be considered the average of attending scholars, which average shall be sworn or affirmed to by the teachers; a detailed statement of the amount of moneys received for their respective schools during the last year from the chamberlain of the city, and of the purposes for, and the manner in which the same shall have been expended; and a particular account of the state of the schools and of the property and affairs of each school under their care; and the titles of all books used, with such other information as the board of education shall require. A report in all respects similar shall be required from the trustees, managers or directors of the corporate schools;

5. To hold as a corporation, all personal property vested in or transferred to them for school purposes in their respective wards; and

6. To render at the expiration of their respective terms of office, to their successors, a just and true account in writing, of all moneys received by them for school purposes, and of the manner in which the same shall have been expended, and to pay any balance which may remain in their hands, to their successors.

OF THE CITY SUPERINTENDENT.

§ 11. The board of education shall appoint a city superintendent of common schools for the city and county of New-York, who shall hold his office for two years, subject to removal by the board, on complaint for cause